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<br /> IDA. The Trustee may refuse to comply with the directions of the Participant to invest is assets other
<br /> than those listed in its Permissible Investments Guidelines or with directions which the Trustee
<br /> deems to be improper or contrary to the provisions of the Plan and Trust or the Internal Revenue
<br /> Code and shall have no liability for such refusal.
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<br /> (b) Participant Directed Account within Plan Administrator Selected Investment Options
<br /> ("Directed Accounts"): If the Agency so elects, and directs the Trustee to execute appropriate legal
<br /> agreements, the Participant's Account Balance shall be segregated into a Participant Directed
<br /> Account ("Directed Account"), over which the Participant may direct investment into one or more
<br /> investment alternatives ("Investment Options"). The Plan Administrator or its appointed Investment
<br /> Fiduciary shall have full responsibility for designating the Investment Options under the Plan and for
<br /> selecting the underlying investment vehicle(s) for each designated Investment Option into which a
<br /> Participant may direct investment of his or her Directed Account. To the extent allowed by law,
<br /> neither the Agency, the Plan Administrator, the Record-keeper, nor the Trustee shall have any
<br /> responsibility for monitoring the directions of the Participant nor shall the Agency, the Plan
<br /> Administrator, the Record-keeper or the Trustee be liable in any manner for investment or other
<br /> losses or other liability for following directions of a Participant.
<br /> (c) If Directed Accounts are established, notwithstanding any other provision of this
<br /> Trust Agreement, the Agency may appoint the Trustee to provide ministerial administrative services
<br /> for such accounts by so indicating in the Agency's Plan, provided that an acceptable service
<br /> agreement has been executed by and between the Agency, the Plan Administrator, the Trustee and
<br /> the Record-keeper.
<br /> ARTICLE III
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<br /> TRUSTEE'S POWERS
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<br /> 3.1 General Trustee's Powers. Except as otherwise provided in Article II, the Trustee shall
<br /> have full power and authority with respect to property held in the Trust to do all such acts, take all
<br /> proceedings, and exercise all such rights and privileges, whether specifically referred to or not in this
<br /> document, as could be done, taken or exercised by the absolute owner, including, without limitation,
<br /> the following:
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<br /> (a) To invest and reinvest the Trust or any part hereof in any one or more kind, type,
<br /> class, item or parcel of property, real, personal or mixed, tangible or intangible; or in any one or
<br /> more kind, type, class, item or issue of investment or security; or in any one or more kind, type, class
<br /> or item of obligation, secured or unsecured; or in any combination of them; and to retain the property
<br /> associated with such investment or reinvestment for the period of time that the Trustee deems
<br /> appropriate.
<br /> (b) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose, including
<br /> mineral leases, and for terms within or extending beyond the life of this Trust), exchange and in any
<br /> other manner to acquire, manage, deal with and dispose of all or any part of the Trust property, for
<br /> cash or credit and upon any reasonable terms and conditions.
<br /> (c) To make "deposits" with any bank or savings and loan institution, including any
<br /> such facility of the Trustee or an affiliate thereof provided that the deposit bears a reasonable rate of
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<br /> 55C-25
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